America and West Indies: October 1685

Pages 99-114

Calendar of State Papers Colonial, America and West Indies: Volume 12 1685-1688 and Addenda 1653-1687. Originally published by Her Majesty's Stationery Office, London, 1899.

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October 1685

Oct. 1.
390. Commissioners of Customs to [the Lord Treasurer]. The intention of our report of 28 September (see No. 386) was, that instead of the method prescribed, each merchant should be allowed either to receive rebate of ten per cent. for ready money, or to give absolute bond for the payment of the money at three-six months. The errors to which you call attention were due to our copying clerk, for which we apologise. Signed, J. Buckworth, D. North, Jo. Werden, N. Butler, W. Dickinson, T. Chudleigh. 1½ pp. Endorsed. Read 3 June 1686. [Col. Papers, Vol. LVI., No. 69, and Col. Entry Bk., Vol. LXXXIII., pp. 107–109.]
Oct. 1. 391. Warrant of Lords Proprietors of Carolina for a grant of 1,000 acres to Andrew Perceval. Signed, Craven, P. Colleton, S Sothell. [Col. Entry Bk., Vol. XXII., p. 71.]
Oct. 3. 392. Journal of Assembly of Virginia. The Assembly was summoned to the Council Chamber, where a message was read from the Governor proroguing the Burgesses until the 2nd of November [Col. Entry Bk., Vol. LXXXV., p. 267.]
Oct. 5. 393. Minutes of Council of Barbados. The King's letter of 26 June (see No. 253) read. The Lieutenant-Governor desired to thank His Majesty and congratulate him on the defeat of the rebels also to answer the matters contained therein. The 13th of October being the King's birthday, appointed to be celebrated as a day of joy and thanksgiving. [Col. Entry Bk., Vol. XI., pp. 656–657.]
Oct. 5. 394. Journal of Assembly of Barbados. The King's letter of 26 June, on the additional duty on sugar, read. Resolved that the Speaker pray the Lieutenant-Governor to congratulate the King on his victory over the rebels. [Col. Entry Bk., Vol. XIV., pp. 135–137, and pp. 141–143.]
Oct. 6. 395. Minutes of a Palatine Court held at Charlestown, Carolina Protest of Robert Quarry against the appointment of Bernard Schenking as High Sheriff of Berkeley County, as a person notoriously evil and infamous, who was ejected from the Grand Council for drunkenness and scandalous behaviour, and fined by the Sheriff's Court. [Col. Entry Bk., Vol. XXI., pp. 147–148.]
Oct. 8. 396. Governor Cony to the Earl of Sunderland. Since Captain Phips's departure, I have written to you by several opportunities, but greatly fear that my letters have not reached you, for I was obliged to entrust them to inhabitants of this country to Barbados, Jamaica, and New England, and though I used all imaginable care, yet I find that my letters have miscarried. This country has long stood in a tottering condition, and is now nearly fallen to ruin by the designs of the discontented party. William Righton, Samuel Trott, Richard Stafford, William Peniston, Anthony White, and others are so enraged that the King has not left the country to my government, that they slight his late Majesty's commission and deny my power. They say that there is no Governor, and therefore no law; so every man may do as he pleaseth. My warrants are disobeyed, prisoners break out of prison in mere contempt, drums are beaten by Anthony White to summon the people to draw up articles against me, and when assembled Richard Stafford tells them that there are two men, either of whom would govern the country without putting it to a penny of charge. The great number, however, did not approve of his proposition, well knowing that he aimed at the government himself, and had done so many years, so was not to be trusted. Next they fell to drawing up the enclosed articles against me, and this done, their next business was to get signatures, for many of the Assembly deserted them when they saw the articles. Then Samuel Trott and Joseph Milbourn (brother to the fifth-monarchist Milbourn) rode about the country to get signatures, say- ing only that it was something for the good of the country, and, according to their custom against the late Company, they quickly got hands enough, saying, "Surely the King will credit so many hands before our Governor. We know he loves a Bermudian in his heart, as witness his breaking of the Company." The next step was to raise money to send Samuel Trott and William Peniston to England with these articles, and to ask for a new Governor, they being confident that Mr. Burghill and Mr. John Tucker would assist them, and that their arrears to Mr. Burghill would be paid. Having found numbers of signatures to the articles, they doubted not of subscribers to raise this money. The sum demanded was 500l., which being thought too much, they asked Samuel Trott to accept less, which he was willing to do rather than that the good cause should fail, though he told them fairly that he would not abate a grant of 300l., as he could not put himself in any equipage to appear at Court for less, being obliged to have a new suit every day. On the day appointed for receiving the 300l., the company met and fell at variance among themselves; some disputed Trott's honesty if trusted with such a sum, others affirmed that what he wanted in honesty he would make up in industry, for he was known to them for years as an active person. Finally they decided to send him without Peniston. They had subscribed five pounds a man, but when it came to a deposit of the money they fell from five pounds to five shillings a man. Whereupon one of them said he would not subscribe a farthing to such an idle errand, and every man departed to his house for further consideration. Afterwards Richard Stafford, finding the liberal subscribers grow cold when it came to a matter of money, told them generously that he would take the expense upon himself, for he knew that for twenty pounds Mr. John Tucker would not only deliver their petition and articles, but also endeavour to procure them a new Governor. He freely proffered five shillings to the Secretary to write a fair copy of the articles and subcribe to them. He replied that he had already refused to do as much for Trott and Peniston, and would not meddle further than concerned him. These articles they never shewed me, for my defence, so that the enclosed copy was procured for me by a friend. I hope to reply to them all by the magazine-ship, though I fear that they may not load her, out of malice to the late Company and unwillingness to pay their debts, and that they may find freight for their tobacco otherwise, in order to defraud the King's Customs, as is their frequent habit. By the judgment of several persons, at least 100,000 lbs. weight has been transported to Barbados and elsewhere. This is their old trade, and they do not like to be obstructed in it. Every officer that appears on the side of the Government is threatened, and stands in danger of his life. The King's slaves under my command are frequently beaten. Of the twelve Councillors chosen by me since the late King's Commission, but four have any regard for the royal interest, and those four are afraid to speak their minds or to be seen with me on any public business; nor can they advise me what others to choose. Captains Keele and Bascom, who command the two forts, for which they receive each two shares of land, refuse my commission, and tell me they will command them by the late King's Commission. They do not attend to their duty, nor every have; they live fifteen miles from the forts, seldom visiting them, but drawing the profit. The result is that ships pass in between the two forts at all hours of the night, and anchor within a stone's throw of my chamber window. We therefore lie easily open to such a surprise as that of Providence last year. Keele and Bascom were of the Council, and tell me to my face that they will be of the Council, and have as much right to be so as myself. Another of the Council, one Lee, and, indeed, all the Council except four, are leagued with these malcontents. If I ask the Council about the royal slaves and the Crown lands they will not endure to hear it, for most of the slaves and Crown lands lie concealed in the Council's and country's hands, and the whole country is too near of kin to prejudice their dear friends by declaring truth in the King's interests. They tell me I must first take an oath, but what oath I know not. Many of them have refused the oaths of allegiance and supremacy.
About ten days since I imprisoned a constable, duly elected by the parish, for refusing to do his duty or serve longer, and for comparing Justice Tucker to a hog and a negro. Several of the country came down to the prison and carried him off. When any of the King's subjects turn to this Island they are greatly insulted and abused. The people endeavour to seduce their men from them for their own voyages, and to disenable the others. Mr. Bond and Mr. Vaughan are much disgusted that the land allowed to each of them by the Company has been taken from them, as also the 40/. a year formerly granted to them. These two Ministers do ill offices in the country. Bond declares his bond to be void at the late King's death. Vaughan, at my first arrival, declared himself of the Church of England, and said that he had gone to England on purpose to take orders, but Bond overruled him, and now both are enemies to the Church of England and to the Government, which gives the Quakers occasion to call them hirelings. The Deputy-Sheriff, Captain Hubbard, takes upon himself to dispose of those lands how and to whom he pleases, nay, even to dispossess old tenants whom I had lately placed thereon, with good security for the rent; and this in spite of the King's orders to me. He says he will do it, by virtue of his commission. He acts really under the advice of Stafford and his son-in-law, Vaughan, without whom he will do nothing. As he is Provost-Marshal, I direct my warrants to him, but he puts them aside and sends his own warrants, even to command the justice and others to appear before him. He likewise takes upon him to be Treasurer, giving positive orders for the public money to be paid to him, while for former money collected in the company's time he would never account, to the great disgust of the inhabitants. He kept the ready money for himself, and put off the soldiers in the Castle with his own unsaleable tobacco at his own rates. Contingent expenses are still unpaid, so that no man will stir about any public business if ordered to receive his pay from the Sheriff. Since my arrival I have spent nearly twenty pounds, ready money, in mounting guns and repairing the forts, yet much repair is still needed, for they have been neglected for years, and would have been in ruins but for me. What I have done is far short of what I should have done had the country not opposed me. Bysshe and Trott declared it treason for any man to assist me, though it was all out of my own purse, and no tax was laid on the country. I hope the King will see me reimbursed, for I know the country will not. They say openly that those who employ me may reimburse me, for the country wants no guns, being fortified by rocks, and that God has preserved it fourscore years. Still I thought it right to provide defence against surprise, though I am in great want of ammunition. There is not a penny stock to buy, nor likely to be at the rate the country drives at. I wish the King would send over some able lawyer to sit as judge, and two more to plead the country's causes; they would do great service. Small arms are very scarce. The Company furnished them sufficiently, but the people have sold some to other countries, and turned others into pestles to beat their corn. The Militia will not furnish themselves either with arms or ammunition; they say that the King ought to furnish them, as they cannot afford it. Yet these are landed men, rich both in purse and shipping. The private exportation of tobacco could be checked by a royal order forbidding any vessel to load or unload except in St. George's Harbour, which is before my door and under the muzzles of my new-planted guns. In any other place they are out of my sight. The Deputy-Sheriff, Deputy-Secretary, and Deputy-Marshal should be Englishmen, specially sent out from England, such as know their duty and will do it; for the English officers here are one with the inhabitants, having married into their families. I should be glad to know if the King would allow these officers the same proportion of land and slaves as in the Company's time. It would be a means of reducing the people to obedience to take a small quitrent of every freeholder, according to his holding. The slaves of the King's that I can possibly get into my possession would, if sold, help to pay the Company's debts which the King has taken over. Unless sold I know not of what use they are beyond a few for the Governor and his successors. I have not heard from the late Company. The Secretary's official residence in town is fallen to pieces, and the present Secretary lives near twenty miles away, so that I have often to do his work. The late Secretaries should pay for repairing the house, and not the King, for they have made the office valuable and neglected the house. My own house is falling down. Ever since my arrival myself and family have been obliged to take refuge in a neighbour's house in every storm, and to fly for shelter from room to room in every shower of rain. The public buildings, civil and military, are much out of repair. The County says, let them that own them repair them. Leiutenant Jones, of the King's Castle, and Captain Brangman, of one of the forts, have faithfully adhered to the King's interest throughout, without much awe of the country's insolences. They are of the Council, and have taken their commissions from me, which Keele and Bascom refused. I hope that the King will continue Jones and Brangman. I am much indisposed by colds from living in an uninhabitable house, and my indisposition is increased by the frequent affronts that I receive from the Deputy-Sheriff and others. Signed, Richd. Cony. Holograph. 5½ very closely written pages. Endorsed. Recd. 2 Dec. 85. [Col. Papers, Vol. LVI., No. 70.]
Oct. 8. 397. The same to Lords of Trade and Plantations. Practically a duplicate of the foregoing. 5½ pp. Endorsed. Recd. 1 Dec. 85. [Col. Papers, Vol. LVI., No. 71, and Col. Entry Bk., Vol. XVII., pp. 167–182.]
Oct. 8. 398. Abstract of the tow foregoing letters. 3 pp. Endorsed. [Col. Papers, Vol. LVI., No. 72.]
Oct. 8. 399. A collection of documents enclosed in the two foregoing letters.
399. I. Deputy-Sheriff John Hubbard to Governor Cony. September 5, 1685. "I desire you not to contradict my letting of Longboard Island to young Stringer." Half a page more in the same strain. Below. Order of John Hubbard to a searcher to sell all confiscated tobacco for the benefit of the country. Dated June 3, 1685. Further small evidence of Hubbard's misbehaviour. The whole. 1½ pp. Endorsed. Recd. 2 Dec. 1685.
399. II. Duplicate of foregoing.
399. III. Original of the order to the searcher abstracted in No. 399 I. Scrap. Endorsed. Recd. 2 Mar. 85–6.
399. IV. Attestation of Captain William Phips, Henry Vaughan, and John Bee, that they heard William Keele say that he would keep Smith's fort, and not give up his commission. Taken 3 June 1685. Scrap. Endorsed. 1 Dec. 85.
399. V. William Keele to Governor Cony. "These are to desire you to send some power and mash [powder and match] for there is not two shouls of powder and no mash at all to defende the forts withall, which is all from your servant to his power, Wm. Keele, Commander of Smith's Fort." Dated 27 July. Certified copy. Scrap. Endorsed.
399. VI. Copy of the articles of the inhabitants of Bermuds against Governor Cony. (1.) Taking new fees. (2.) Seizing slaves and goods by arbitrary authority. (3.) Obstructing trade and navigation, imprisoning during pleasure and refusing bail. (4.) Bringing vexatious actions, and demanding great sums by them. (5.) Affirming that if the government fall into the King's hands, a share of land will not be worth a pair of shoes. (6.) On rumour of war with the Dutch, wasting unprecedented powder. (7.) Imposing oath on officers while refusing to take them himself. (8.) Rejecting advice of the Council, and making laws without them. (9.) Compelling miserable, poor people to do unnecessary labour without wages. 1 p. In Governor Cony's hand. Endorsed. Recd. 1 Dec. 85. [Col. Papers, Vol. LVI., Nos. 73 I. –VI.]
Oct. 8. 400. Journal of Lords of Trade and Plantations. Sir John Witham's case against Sir Richard Dutton and Henry Walrond was heard, all three being present. Sir Richard was directed to answer Sir J. Witham's petion on the 15th inst. Sir Richard owned that he had received money from the Assembly, in spite of the King's instructions, and that he had not communicated that instruction to the Council. Mr. Walrond said that he did not remember the communication of any of the late King's instructions to the Council.
The case of Lord Baltimore and Mr. Penn was heard, and adjourned to the 15th.
Draft of circular concerning transported rebels approved (see No. 404).
Mr. Stede's letter of 21 July read, and Colonel Dongan's of 11 August (see Nos. 290, 315).
Memorandum of letters received and despatched. [Col. Entry Bk., Vol. CVIII., pp. 197–201.]
Oct. 8.
401. Commission from King James to Lord Howard of Effingham to be Governor of Virginia. Approved, 3 August 1685. [Col. Entry Bk., Vol. LXXXIII., pp. 1–19.]
Oct. 8. 402. A receipt for a hundred prisoners attainted of high treason, from Dorchester and Taunton, to be transported to Jamaica or America. Signed, Chris. Musgrave. 1 p. Endorsed. [Col. Papers, Vol. LVI., No. 74.]
Oct. 9. 403. Similar receipt for twenty prisoners from Taunton and Wells. Signed, Thomas Heywood. 1½ pp. Endorsed. [Col. Papers, Vol. LVI., No. 75.]
Oct. 11. 404. Circular. The King to the Governors of Plantations. Having shewn mercy to some of the late rebels by ordering them to be transported to the Plantations, we hereby instruct you that those sent to Jamaica shall be kept there, and shall serve their masters for ten years, without permission to redeem themselves by money or otherwise till that term be expired. You will frame and propose a Bill to the Council and Assembly for the purpose. Countersigned, Sunderland. [Col. Entry Bk., Vol. XCVII., pp. 172–174. To Jamaica, Col. Entry Bk., Vol. XXXI., pp. 84–85. To Virginia, Vol. LXXXIII., pp. 63–64. To Leeward Islands, Vol. XLVII., pp. 188–189.]
Oct. 12. 405. Minutes of Council of Virginia. Proclamation of a day of thanksgiving for the King's deliverance and victory over his enemies. Proclamation against false and seditious rumours. [Col. Entry Bk., Vol. LXXXIV., pp. 217–220.]
Oct. 13. 406. Commission of Oyer and Terminer for the Plantation of Virginia. Copy. Latin. 2 pp. [Col. Papers, Vol. LVI., No. 76.]
Oct. 15. 407. Articles submitted against Governor Cony by Henry Bysshe. Four large closely-written pages, in Bysshe's handwriting. Endorsed. Recd. Oct. 1685. The abstract (see No. 409) gives this the date of 27 Sept. [Col. Papers, Vol. LVI., No. 77.]
Oct. 15. 408. Governor Cony's answers to the charges of Henry Bysshe 5½ large closely-written pages. Endorsed. Recd. 15 October 1685. [Col. Papers, Vol. LVI., No. 78.]
Oct. 15. 409. Abstract of the two foregoing papers. In addition to the charge in No. 399 VI. are accusations of levying money by warrant before receipt of the King's Commission, assuming the title of Excellency, imprisoning men who helped to salve the French wrecked ship, discouraging the old cavaliers and favouring those that fought against the King, assuming ecclesiastical jurisdiction, etc. Arranged in parallel pages of charge and answer. 6 pp. [Col. Paper, Vol. LVI., No. 79.]
Oct. 16.
410. Protest of Richard Philips against James Smayles, master of the ship Bachelor's Adventure. 2½ pp. Endorsed. Recd. 10 May 85–6. [Col. Papers, Vol. LVI., No. 80.]
Oct. 16.
411. Order of the King in Council. That a copy of William Dyre's letter (see No. 261) be sent to Attorney-General Sir Robert Sawyer, who shall consider thereof and cause a quo warranto to be brought against the Corporation of East New Jersey, for the abuses therein complained of. Copy. ½ p. [Col. Papers, Vol. LVI., No. 81.]
Oct. 17. 412. Journal of Lords of Trade and Plantations. Mr. Stede's letters of 13th and 18th July read (see No. 288). Sir John Witham's appeal against Sir Richard Dutton and Henry Walrond. Sir Richard's answer was read, and a copy ordered to be given to Sir John Witham.
Petition of Richard Young and Samuel Hanson read (see No. 415) and referred to the Lord Treasurer.
Lord Baltimore and Mr. Penn were called in. Lord Baltimore declares that he cannot find the original of a document of 1638 bearing on the dispute, of which he had undertaken to furnish an authentic copy. The Lords agreed that the tract of land in dispute did not belong to Lord Baltimore, but adjudged the land called Delaware to the King. They will however meet again to settle the boundaries between Lord Baltimore and the King.
Mr. Randolph presented a memorial for flags (see No. 417).
Memorandum of letters received and despatched. [Col. Entry Bk., Vol. CVIII., pp. 202–209.]
[Oct. 17.] 413. Sir Richard Dutton's reply to the petition and appeal of Sir John Witha. I know nothing as to Sir John's statement that he has received a commission from the King as Lieutenant-Governor, whereby he is entitled to half of my salary during my absence, but have every reason to believe the contrary, and that he was Governor only by my deputation. I conceive therefore that Sir John had no authority to demand the half salary; but this I submit to His Majesty. I utterly repudiate so foul a scandal as that I courted or received a bribe, or that I made any overture to Sir John for the assignment of any salary or perquisite; on the contrary, I refused with disdain the promise of a considerable reward to interpose between Sir John's faults and the penalty that awaited them. The suspension and trial of Sir John were not the result of any particular conceived displeasure in me, but of frequent and loud complaints of oppression against him. Nor would I desert the Deputy whom I had appointed until all classes, from the Council to the labouring man, complained of his insolence and oppression. Sir John haughtily threatened the Council, abridged their freedom of debate, privately altered their judgments and decrees, took false titles of authority, and arbitrarily erected Courts without consent of Council or Royal command, merely for his own personal concernment. He threatened to hang a member of Council by Court-Martial in time of peace, and that in a public house. Ships' captains complained that goods brought to the Deputy-Governor for sale were withheld on frivolous pretexts. I was daily vexed with petitions from men who had been arbitrarily imprisoned for no crime until they were forced to sign discharges of his debts; and suitors complained that their papers had been taken from them. Sir John, as a lawyer, gave legal advice in cases triable before himself; he appeared in the Court of Common Pleas when his own cases were trying, overawing the counsel and obtaining precipitated judgments; he subscribed the names of the Council, without their privity, to an unjustifiable bill of costs; he made solemn bargains with indentured servants of others to give them their freedom at a certain price; he imprisoned the King's Collectors for attempting to examine his sugar-cask, in the execution of their duty; he discouraged honest merchants and protected a foreign trade. When all these things were proved to me, I yielded to the pressing solicitations for his trial. Colonel Henry Walrond was not appointed purposely, as is insinuated, but in ordinary course, nor did I specially appoint an Attorney-General, for there has been one for many years; but I left the entire management of the Sessions untouched, except that I directed the counsel at bar not to forget Sir John's quality and rank in the Government, which they did not. The whole proceedings of the Sessions were held as usual, and there was nothing extraordinary in them. After one enlargement of the commission the prosecution was closed, and the whole Island, with one voice, thanked me for bringing Sir John to trial. I am ready to prove my allegations and submit myself to His Majesty and my Lords. Signed, Ri. Dutton. 6¼ large sheets. Endorsed. Recd. 17 October. Read same day. [Col. Papers, Vol. LVI., No. 82, and Col. Entry Bk., Vol. VII., pp. 315–319.]
[Oct. 17.] 414. Answer of Henry Walrond to the petition and appeal of Sir John Witham. The allegation of Sir John that he was required to plead immediately and come to trial is untrue, as the records of the Court will shew. The plea of abatement against the legality of the Court's proceedings was rejected as absurd, and not entered on record. The complainant was not compelled to plead not guilty contrary to law, but made choice of that plea in manner and form. No rigour or violence was used in the prosecution, nor was ridicule made of his defence, but the complainant himself, before he left the bar, acknowledged the justness and fairness of the proceedings. I apprehend that the Court of Sessions could not refuse to take the evidence of such members of Council as could bear testimony to the indictment. It is alleged that no notice was taken of the appeal to the King. The notice was verbal, and the very first of the kind ever made in the Island, so far as I know, but all respect was paid to it, and solemn answer made, as the records will show. As to Mrs. Gough's evidence, I do not think that the Court could justly refuse it, nor that she is unfit to be received in point of evidence. Signed, Henry Walrond. Holograph. 1½ large sheets. Endorsed. Recd. and read 17 October 1685. [Col. Papers, Vol. LVI., No. 83, and Col. Entry Bk., Vol. VII., pp. 320–322.]
[Oct. 17.] 415. Petition of Captain Richard Young and Samuel Hanson, to the King and Lords of Trade. Young appealed to Your Majesty in Council against three judgments against him in Barbados, which have since been levied on Hanson's estate. We waited till Sir Richard Dutton should arrive in England, and now beg for a hearing. List of witnesses to be called. 1 p. Inscribed. Recd. 17 Oct. 85. [Col. Papers, Vol. LVI., No. 84.]
[Oct. 17.] 416. A collection of papers relating to the dispute between Lord Baltimore and William Penn over the boundaries of the two Colonies and the right to the Delaware.
416. I. Extract from the grant of Delaware by King Charles II. to James, Duke of York. The grant contains the words, "Backward into the woods three Indian days or thirty Dutch miles." 1 p.
416. II. Duplicate of foregoing.
416. III. Extract from the grant of the town of Newcastle to James, Duke of York. 1 p.
416. IV. Duplicate of foregoing.
416. V. Extract from a fresh grant of the town of Newcastle to same, giving him a radius of twelve miles from the town. 1½ pp. Endorsed. First boundaries of Newcastle.
416. VI. Boundaries of Pennsylvania, granted to William Penn, 4 March 1680–81. 1 p. Copies. [Col. Papers, Vol. LVI., Nos. 85 I. –VI.]
[Oct. 17.] 417. Petition of Edward Randolph to Lords of Trade and Plantations. For two flags apiece for the forts at Boston, Piscataqua. Salem, and Charlestown. Copy. 1 p. Endorsed. Recd. 17 Oct. 1685. [Col. Papers, Vol. LVI., No. 86, and Col. Entry Bk., Vol. LXI., p. 258.]
Oct. 17. 418. William Blathwayt to Sir William Stapleton. Enquiring the names of the rebels delivered to him for transportation, and their destination. [Col. Entry Bk., Vol. XLVII., p. 189.]
Oct. 17.
419. Deputy-Governor Stede to Lords of Trade and Plantations. I have received the King's gracious letter of 26 June (see No. 253), signifying his intention that the additional duty on sugar should fall, not on the planter, but on the first buyer in England. It is found, however, by experience of sales, both here and in England, that the duty falls on the planter, and will continue to do so unless, by your great wisdom, some means be found to moderate it. Whatever the King may determine the people will cheerfully submit to, but it is certain that they are for the most part greatly in debt, and under great affliction by the loss of this year's crop, through ill weather, and by the mortality among negroes and servants through small-pox, which still continues very violent. I have communicated your report of 20 June (see No. 273), on the four-and-a-half per cent. duty to the Assembly, who, for the generality, cheerfully submitted to the King's pleasure. Doubtless but for the unusual accidents of this year, that duty would have been worth nine or ten thousand pounds. I hope this and all succeeding years will clear eight thousand. Had the King accepted the proposed rent, the manner of raising it would have bred great distraction, it being very unequally proportioned among the inhabitants, owing to hasty preparation. Sir Richard Dutton speeded the proposal to you before we had any exact knowledge of the revenue arising from the duty, in the hope that the King might be surprised into granting it, which would have been no small profit to Sir Richard, who has received five hundred pounds for soliciting the affair, which he never doubted to obtain. I have also read yours of the 20th June (see No. 245) to Sir Richard Dutton. I find that he has received two thousand pounds, as well as the five hundred pounds lately given to him, though he had received the King's first second orders before he accepted the latter sums. Had the Assembly been aware of the King's order, they would, I presume, have taken care to obey it, nor would they have been so forward to give five hundred pounds to Colonel Henry Walrond before he left this for England. Believing that there may be some secret contrivance between Sir Richard Dutton and Colonel Codrington as to the two thousand pounds, I send you a copy of the receipt produced by Codrington to the Committee of Public Accounts, and a certificate from the Clerk of the Committee as to the manner in which the accounts were passed. You will see that Sir R. Dutton's receipt for the last thousand pounds bears date February last, whereas in the Treasurer's account it is charged to be paid the 1st of June. This looks like some deceit; moreover, the Treasurer has told me that he owes Sir Richard a thousand pounds, for which he has given him his bond. Holograph. 3½ pp. Endorsed. Recd. 11 Dec. 1685. Read 30th. [Col. Papers, Vol. LVI., No. 87, and Col. Entry Bk., Vol. VII., pp. 341–343.]
Oct. 19.
420. Sir Philip Howard to William Blathwayt. I have not yet received a list of the rebls' names from my agents employed to ship them at Weymouth. Of the two hundred given me by the King, the gaolers delivered three short of the number, while thirty more escaped before reaching port. Of those that came to Weymouth, one hundred were immediately embarked for Jamaica. Of the remain- ing sixty-seven, many were sick, and some were brought by cart; but by this time I expect all are embarked for Jamaica. Signed, P. Howard. Holograph. 1 p. Endorsed. [Col. Papers, Vol. LVI., No. 88.]
Oct. 20. 421. Circular. William Blathwayt to the Governors of Plantations. I send the King's letter respecting transported rebels (see No. 404). A list of those consigned to you is enclosed. You will return certificates of their arrival and disposal. [Col. Entry Bk., Vol. XCVII., p. 174. To Jamaica, Col. Entry Bk., Vol. XXXI., p. 86.]
Oct. 20.
422. Sir William Stapleton to William Blathwayt. I enclose the names of the rebels sent to Nevis and St. Christopher's, but whether they will be sent to both Islands or Nevis only I am not sure. Holograph. ½ p. Endorsed. Annexed,
422. I. A list of one hundred rebels received by Sir William Stapleton, as agent to Charles Pym, and shipped by him to Nevis and St. Christopher's. 1 p. Endorsed. [Col. Papers, Vol. LVI., No. 89, and (letter only) Col. Entry Bk., Vol. XLVII., p. 189.]
Oct. 20. 423. Journal of Assembly of Nevis. The Assembly was dissolved without any proposals made. [Col. Papers, Vol. LVI., No. 43.]
Oct. 24. 424. Sir Philip Howard to William Blathwayt. I enclose the list of the rebels given to me by the King. Three of the missing men escaped from the gaol at Sherborne, thirty escaped during the journey, and one was reprieved by the Lord Chancellor. Signed, P. Howard. Holograph. Endorsed Recd. 25 Oct. 85. Annexed,
424. I. "A list of the names of two hundred Western rebels," with asterisks shewing those which had escaped. 2 pp. Endorsed. Recd. 25 Oct. 85. [Col. Papers, Vol. LVI., Nos. 90,90 I.]
Oct. 25. 425. The King to the President and Council of New England. Authorising the use of the seal of the late Governor of Massachusetts for the official seal of New England until further order. Countersigned, Sunderland. [Col. Entry Bk., Vol. LXI., p. 259.]
Oct. 26. 426. Warrant of the King for the suspension of the sentence on George Talbot, if he be found guilty, till the Royal pleasure be known. Countersigned, Sunderland. [Col. Entry Bk., Vol. LXXXIII., pp. 85–86.]
Oct. 26. 427. Deposition of Mrs. Boteler Chamberlain. To the effect that Sir Richard Dutton had intercepted Sir John Witham's letters; and that Sir John Witham had strictly forbidden Lady Witham to accept presents. Sworn before Miles Cooke. Copy. 2½ pp. [Col. Papers, Vol. LVI., No. 91.]
Oct. 26. 428. Deposition of the same. To the effect that she heard Sir John Witham say that Sir R. Dutton tried to persuade him to give up his half-salary, but that he saw no reason for it; that Lady Witham had tried in vain to persuade Sir R. Dutton to allow Sir John counsel; that Lady Witham asked Sir R. Dutton to change Sir John's place of imprisonment, which was very noisome and unwholesome, when Sir Richard not only refused, but told her in a passion that Sir John might thank God he had not cut off his head for calling himself Lieutenant-Governor. Lady Witham said that the title was given him in a Privy Seal, but Sir Richard said that it was a dash from the pen of a silly clerk, and that the Secretaries took money to deceive the King. 3½ pp. [Col. Papers, Vol. LVI., No. 92.]
[Oct. 27.] 429. The replication of Sir John Witham to the answers of Sir Richard Dutton (see No. 413). Sir Richard is under a mistake in his construction of the late King's order of 10 December 1682, appointing me Lieutenant-Governor of Barbados during the absence of the Chief Governor, with half salary and perquisites. The matter has been made clear by the letter of the Lords of Trade of 22 December 1682. The assumption of the title of Lieutenant-Governor was no great crime, since the late King styled me so in a Privy Seal of 30 July 1684. As to the suggestion that I should make overtures to Sir Richard, I was so sick that the physician thought I could not go into Court without risk of my life, and told Sir Richard so, but he would not hearken. For this reason and no other I offered to make a present of one hundred pieces to his eldest daughter if he would defer my appearance till I was recovered, but he only became the more violent. Sir Richard and Colonel Henry Walrond have omitted to answer the most material matter in my appeal. Sir Richard follows the same methods as in Barbados, not doubting that if he threw dirt enough some of it will stick. His answer contains many untruths. Everyone applauded my diligence and uprightness in my office (except one) until Sir Richard's return, when he encouraged everyone to revile me, I being then on my sick bed. It is impossible to hold such an office as that of Governor without making enemies. As to the charge that I threatened a gentleman with a Court-Martial, Sir Richard has forgotten or wilfully mistaken what was said to him. The gentleman in question had consumed without orders and wasted certain stores of ammunition entrusted to him, and I warned him that there was an Act of Parliament which made such conduct in certain cases felony. The informer, who told Sir Richard this, is in ill repute for his profane language; but Sir Richard, rather than prosecute him, displaced an eminent magistrate who brought the fact to his knowledge. As to the other allegations, they are not only new but vague and untrue. When they are particularly stated I shall be prepared to answer them. I beg leave to submit my new charges against Sir Richard of maladministration and disobedience to the royal orders and instructtions; depriving divers peaceable subjects of their lands without trial, imprisoning others without cause known, threatening others with opprobrious language, sitting judge in matters where part of the condemnation was for himself, and taking what had been adjudged to the King for himself, as well as the fees of the officers. He delayed and hindered the prosecution of a judge who had spoken dangerous words of the King, and continued him in his place till his death. I can prove these matters, and beg for a speedy hearing. Signed, Jno. Witham. 6½ pp. Inscribed and endorsed. Read 27 Oct. 85. [Col. Papers, Vol. LVI., No. 93, and Col. Entry Bk., Vol. VII., pp. 322–326.]
Oct. 27. 430. Journal of Lords of Trade and Plantations. Sir John Witham's replication read (see preceding abstract). The whole matter to be heard on the 31st.
Colonel Cony's agent and Mr. Bysshe attended. The Lords agreed to recommend that another Governor be sent to Bermuda.
The accounts of this quarter attested, to be paid by the Lord Treasurer.
Memorandum of letters despatched. [Col. Entry Bk., Vol. CVIII., pp. 209–211.]
Oct. 28. 431. Petition of the inhabitants of Rhode Island to the Governor, Assistants, and Deputies. To appoint commissioners or otherwise to encourage families who desire to settle in the Narragansett Country. Signed, Wm. Hopkins, John Warner, James Greene, junior, Henry Lilly. Below, a minute that the petition was granted. Copy. 1½ pp. Endorsed. Read 1 Feb. 85–6. [Col. Papers, Vol. LVI., No. 94.]
Oct. 28. 432. Extract from Minutes of Assembly of Rhode Island. On the petition of William Hopkins and others (see preceding abstract), ordered that a Committee consider thereof. Report of the Committee recommending that the petition be granted. 1½ pp. Endorsed. Read 17 June 86. [Col. Papers, Vol. LVI., No. 95.]
[Oct. 28.] 433. Commission to Sir Philip Howard to be Governor of Jamaica. This includes a clause conferring powers of Vice-Admiralty subject to instructions, but forbidding any jurisdiction over officers or men of the King's ships for offences committed on the sea or in harbour. Officers refusing to obey written orders may however be suspended. [Col. Entry Book, Vol. XXX., pp. 300–316.]
Oct. 30. 434. Lords of Trade and Plantations to the President and Council of New England. Recommending Robert Ratcliffe, a minister chosen by the Bishop of London, to their good offices. Signed, Jeffreys, Mulgrave, Berkeley, Rochester, Sunderland, Middleton, Clarendon, Craven, Preston, John Nicholas. [Col. Entry Bk., Vol. LXI., p. 259.]
Oct. 30. 435. The same to the same. Requiring a report on the state of New England, as to its obedience to the Acts of Trade, and general information. Signed as the foregoing, with the omission of Lord Middleton and the addition of Sir J. Ernle. [Col. Entry Bk., Vol. LXI., pp. 260–261.]
Oct. 31. 436. Heads of Enquiry addressed to the President and Council of New England. Twenty-five clauses, the heads being of the usual kind. [Col. Entry Bk., Vol. LXI., pp. 261–263.]
Oct. 31. 437. Lords of Trade and Plantations to President and Council of New England. Ordering transmission of the usual returns and information as to trade, public business, etc. [Ibid., pp. 264–265.]
Oct. 31. 438. The same to the Secretary of New England. Ordering transmission of quarterly returns, etc. [Ibid., p. 265.]
Oct. 31.
439. Lords of Trade and Plantations to the King. We have examined the case of Sir John Witham on one side and Sir Richard Dutton and Mr. Henry Walrond on the other. We find that in spite of the Royal orders, Sir Richard was unwilling that Sir John should receive the half salary, and gave him to understand that, unless he resigned it, it would be the worse for him. Sir John refusing, Sir Richard suspended him from the Council. Then came the trial before Grand Sessions. We find that Sir Richard did force Sir John to come into court, on pain of forfeiting his recognizances, though he could not do so without endangering his life. Three indictments were preferred against him on matters for which Sir John was accountable to Your Majesty and to no other person whatever. The first indictment was that he had undertaken the government without taking the oaths; which Sir Richard should have administered to him before he left the Colony. Sir John has proved to us that he was refused copies of this and of the other indictments, and that his plea taking exception to the jurisdiction of the Court was rejected. Of the second charge, of assuming the title of Lieutenant-Governor, Sir John has acquitted himself, proving that he was so styled by the King and by this Board. Sir John has also acquitted himself of the third charge, of bribery, and has proved to us that he was refused the liberty of appeal to Your Majesty. We find also that Henry Walrond, a person whom Sir Richard Dutton had shortly before represented as unfit to serve Your Majesty and whom Sir John Witham had dismissed from the post of Lieutenant-General, was made chief Judge for the purpose of the trial. We conclude therefore that the proceedings of Sir Richard Dutton and Henry Walrond are altogether violent and malicious: and we recommend that Sir John Witham be restored to all his dignities, that the fines imposed on him be wholly remitted, and that he may have leave to take his remedy at law against Sir Richard Dutton. Signed, Jeffreys C., Rochester, Clarendon, C. P. S., Sunderland, Craven, Middleton. [Col. Entry Bk., Vol. VII., pp. 348–352.]
Oct. 31. 440. Journal of Lords of Trade and Plantations. Lord Baltimore and Mr. Penn attended. It was proposed that Delaware should be divided into two equal parts, from East to West, as far as Cape Henlopen, between the King and Lord Baltimore. Lord Baltimore was allowed a week longer to state his objection thereto.
The Lords signed a letter of recommendation in favour of Mr. Ratcliffe, a minister from New England.
The Appeal of Sir John Witham against Sir Richard Dutton heard. The Lords agreed in their report (see preceding abstract).
Memorandum of letters received and despatched. [Col. Entry Bk., Vol. CVIII., pp. 211–224.]
Oct. 31. 441. Receipt for eighty-one prisoners attainted of high treason to be transported to America. Signed, Rich. White. List of prisoners' names. 2 pp. Endorsed. [Col. Papers, Vol. LVI., No. 96.]
Oct. 442. Memorandum of shipment of two rebel prisoners, John Edwards and Edward Lloyd, to York river, Virginia. Signed, John Baker of Hamwood in Somerset. Scrap. Endorsed. Col. Papers, Vol. LVI., No. 97.]
Oct. 31. 443. Journal of Assembly of Nevis. The new members sworn, and Mr. Smargin elected speaker. [Col. Papers, Vol. LVI., No. 43.]